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[Cites 1, Cited by 0]

Madras High Court

Dr.U.Ishwarya vs The Director Of Medical Education on 9 November, 2022

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                            W.P.No.12660 of 2017

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 09.11.2022

                                                    CORAM:

                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                              W.P.No.12660 of 2017
                             and W.M.P.Nos.22592, 22593, 22594, 13485 & 13486 of 2017

                  Dr.U.Ishwarya                                         .. Petitioner
                                                       Vs.

                  1. The Director of Medical Education,
                     Directorate of Medical Education,
                     162, Periyar EVR Salai,
                     Kilpauk, Chennai - 600 010.

                  2. The Selection Committee,
                     represented by its Secretary /
                      Additional Director of Medical Education,
                     Directorate of Medical Education,
                     162, Periyar EVR Salai, Kilpauk,
                     Chennai - 600 010.

                  3. The Government Kilpauk Medical College,
                     represented by its Dean,
                     Poonamallee High Road, Kilpauk,
                     Chennai.

                  4. The Director of Public Health & Preventive Medicine,
                     Chennai - 600 006.

                  5. The Deputy Director of Health Services,
                     Sivakasi, Virudhunagar District.

                  6. The Union of India,

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                                                                               W.P.No.12660 of 2017

                        Rep. by Ministry of Law,
                        New Delhi.

                  7. The Union of India,
                     Rep. by its Secretary,
                     Ministry of Women and Child Welfare,
                     New Delhi.

                  8. Commission for Women Development,
                     Rep. by its Chairman, New Delhi.

                  9. The State of Tamil Nadu,
                     Rep. by its Secretary,
                     Law Department, St.George Fort,
                     Chennai.

                  10. The State of Tamil Nadu,
                      Rep. by its Secretary,
                      Health and Family Welfare Department,
                      St.George Fort, Chennai.

                         (R6 to R10 were Suo Motu impleaded as per
                          the orders of this Court dt.22.12.2017)          .. Respondents

                  Prayer : Writ Petition filed under Article 226 of the Constitution of India
                  seeking a Writ of Certiorarified Mandamus calling for the records relating to
                  the order of the 4th respondent dated 09.03.2015 in R.No.6064/E5/A3/2015-
                  79 so far as seeking to exclude the maternity leave period for calculating two
                  year service period to permit the candidate to undergo post graduate course
                  and quash the same in so far as the petitioner is concerned and consequently
                  permit the petitioner to join D.G.O. course in the 3rd respondent college in
                  the academic year 2017-2018 as per the allotment order issued by the 2nd
                  respondent dated 10.05.2017 and allow her to attend the class. (Prayer
                  amended as per order of this Court dated 11.08.2017 made in
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                                                                                  W.P.No.12660 of 2017

                  W.M.P.No.22591 of 2017)

                                  For Petitioner          :      No appearance

                                  For Respondents         :      Mr.A.M.Ayyadurai
                                  1, 3, 4 & 5                    Government Advocate

                                  For Respondent 2        :      Mrs.M.Snekha

                                  For Respondents 6 & 7 :        Mr.G.Ilangovan
                                                                 CGSC

                                  For Respondent 8        :      Mr.G.Karthikeyan
                                                                 ASGI
                                                        -----


                                                      ORDER

This writ petition has been filed challenging the order of the 4th respondent dated 09.03.2015, excluding the maternity leave period for calculating two years service period to permit the candidate to undergo post graduate.

2. Today, when the matter was taken up, there was no representation for the petitioner. The learned counsel appearing for the respondents are present. The learned counsel appearing for the 2nd respondent submitted that the petitioner has already joined Diploma in Radiology for the academic year https://www.mhc.tn.gov.in/judis 3/6 W.P.No.12660 of 2017 2018-19 and she has also completed the course. Therefore, the learned counsel appearing for the second respondent submitted that nothing survives for adjudication and the matter has become infructuous. The said statement made by the learned counsel appearing for the second respondent is recorded.

3. Such view of the matter, the writ petition is dismissed as become infructuous. Consequently, the connected miscellaneous petitions are closed. No costs.

09.11.2022 kk To

1. The Director of Medical Education, Directorate of Medical Education, 162, Periyar EVR Salai, Kilpauk, Chennai - 600 010.

2. The Selection Committee, represented by its Secretary / Additional Director of Medical Education, Directorate of Medical Education, 162, Periyar EVR Salai, Kilpauk, Chennai - 600 010.

3. The Dean, Government Kilpauk Medical College, Poonamallee High Road, Kilpauk, Chennai.

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4. The Director of Public Health & Preventive Medicine, Chennai - 600 006.

5. The Deputy Director of Health Services, Sivakasi, Virudhunagar District.

6. The Secretary to Government, Ministry of Law, New Delhi.

7. The Secretary to Government, Ministry of Women and Child Welfare, New Delhi.

8. The Chairman, Commission for Women Development, New Delhi.

9. The Secretary to Government, Law Department, St.George Fort, Chennai.

10. The Secretary to Government, Health and Family Welfare Department, St.George Fort, Chennai.

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